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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Aboriginal Law Bulletin --- "Update: Human Rights Report on Baryulgil & Malabugilmah; Wombaya/Anthony Lagoon Land Claim; ATSIC Election Date; Ooldea Soak Land Claim SA; Grampians National Park" [1990] AboriginalLawB 28; (1990) 1(45) Aboriginal Law Bulletin 2


Update

Human Rights Report on Baryulgil & Malabugilmah

The Human Rights and Equal Opportunity Commission (HREOC) has released a report by the Race Discrimination Commissioner, Ms Irene Moss, on her visit to Baryulgil and Malabugilmah.

Baryulgil is located near Grafton in New South Wales on land traditionally belonging to the Banjalang people. Between the early 1940's and 1979, "white" asbestos (chrysotile) was mined at Baryulgil. The local Aboriginal community provided a ready labour pool for the mining and milling operations. In addition, asbestos tailings were used for a variety of purposes in Baryulgil including landfill, road construction, top-dressing and even for sandpits at the local school.

When the mine closed in 1979 there was considerable concern about the mine operator's disregard for the safety and health of the predominantly Aboriginal work force. The concern led to an inquiry by the House of Representatives Standing Committee on Aboriginal Affairs and their ensuing report; `The Effects of Asbestos Mining on the Baryulgil Community' (October 1984).

The HREOC became involved in Baryulgil after receiving complaints from residents and a submission from the legal representatives of the Baryulgil Ex-Miners Association. These complaints outlined the inadequacy of action taken to implement the Standing Committee's recommendations.

Ms Irene Moss visited Baryulgil in February in order to "gain greater detail" of the matters raised by the submission. The HREOC report arises from her investigations. In the report she highlights the lack of action by the relevant authorities:

The apparent tardiness of responsible authorities in decontaminating the mine site and the environs of Baryulgil Square is appalling. In the apparent absence of any other compelling and logical reasons, the residents of Baryulgil can hardly be blamed for concluding that their Aboriginality has been a factor in the apparent reluctance of various responsible authorities to act on the Standing Committee's recommendations. The report also stated that:

The Department of Mineral Resources' failure to fulfil its responsibilities at Baryulgil with regard to rehabilitation of the mine site is inexcusable. The Department's lack of action is particularly reprehensible since children from Baryulgil have access to the mine site and have been exposed to potentially harmful waste from the mining operations.

The report made several recommendations including:

That the State Pollution Control Commission urgently assess the extent of airborne pollution by asbestos fibres at Baryulgil Square and provide adequate security around the mine site.

That the quality of housing at Malabugilmah be improved. In particular that the defects identified in the report by Col Jenkins & Associates, Consulting Engineers and in any subsequently commissioned reports, be rectified.

That ATSIC ensure that the community at Baryulgil receive the full range of services available to other Aboriginal Communities including a realistic timetable for the establishment of an Aboriginal Medical Centre at Grafton.

The premier of New South Wales, Nick Greiner has responded promising a $350 000 package to improve conditions at Baryulgil and Malabugilmah to provide "a safe living environment".

Wombaya/Anthony Lagoon Land Claim

The Northern Land Council acting on behalf of Aborigines claiming to have a traditional land claim to certain areas of land in the region of Anthony Lagoon Station ( Pastoral Lease 531 ), have lodged an application with the Aboriginal Land Commissioner pursuant to section 50(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 for determination of their claims.

The Aboriginal Land Commissioner intends to commence an inquiry into the claim on Monday, 3 September 1990 at Elliott in the Northern Territory. For further information contact:

Robert Bird, associate to Mr Justice Olney Aboriginal Land Commissioner
GPO Box 2289, Darwin, NT 0801, Tel: (089) 81 1799

ATSIC Election Date

The Minister for Aboriginal Affairs, Robert Tickner, has announced that the ATSIC elections will be held across Australia on Saturday, November 3. Aboriginal and Islander people will elect members of their own communities to 60 ATSIC regional councils to represent them at both local and national levels. A total of 808 Aboriginal councillors will be elected.

Mr Tickner was quoted in a press release as stating that, "For the first time, Aborigines and Islanders are being given involvement at a grass roots level in the decisions which impact on their own lives. It is essential that Aboriginal people realise the importance of the election date and the opportunity it brings."

Ooldea Soak Land Claim SA

The SA Parliamentary Committee of the Maralinga Lands has recommended that the land around the Ooldea Soak area should be incorporated into the Maralinga Lands under Aboriginal ownership. The Parliamentary committee visited the Pitjantjatjara and Maralinga lands in early July in view of this recommendation.

In 1984, an area of more than 75 000 square kilometres, known as the Maralinga lands were returned to Aboriginal ownership. When the Maralinga Lands were returned it was intended that the Ooldea area also be included. However, an administrative oversight meant that the Ooldea area remained as Crown land.

Aboriginal Affairs Minister, Mike Rann, said that Ooldea had enormous spiritual and historical significance for Aboriginal people:

The Ooldea Soak area is a huge archeological site and has played a major role in Australia's history. Whilst Ooldea is famous throughout Australia as the site of the Daisy Bates' Camp, the significance of the area reaches back much further in time for Aboriginal people...

Ooldea was a vital water source for Aboriginal people throughout the western desert and people travelled several hundred kilometres on nomadic journeys to visit the site.

Anthropologists describe Ooldea as `an ancient metropolis' which was important to Aboriginal people as both a religious and trading centre.

Aboriginal festivals in which hundreds of people participated took place at the site at different times of the year. Materials were traded and exchanged from as far away as the Pilbara and Kimberlies. It was a major Aboriginal crossroad.

The site now lies quietly amongst huge drifts of red desert sand which includes extensive archaeological deposits.

These are silent remains of Aboriginal life at what an archaeological study by the ANU team described as `the largest and most important Aboriginal camp of its kind in Australia'. The Ooldea Soak was a site of two significant wells. One offered desert people pure drinking water. The other was bitter, but was believed to have curative properties.

During droughts the Ooldea soak became a refuge. For thousands of years the soak never dried up.

Mr Rann said he will strongly pursue the Committee's recommendation to transfer the land, totalling some 3500 square kilometres to Aboriginal ownership. This would require legislative changes as well as survey work, and the land could be in Aboriginal hands within nine months.

Grampians National Park

The Victorian Ministry for Tourism has recommended the restoration of Jardwadjali and Djabwurrung names for rock art sites and landscape features in and around the Grampians National Park. This proposal has the support of the five Koori communities who have cultural responsibility for the places effected. In a submission to the Victorian Place Names Committee the Koori Tourism Unit recommended:

The submission states:

The Grampians National Park is one of Victoria's most significant Aboriginal places. It contains the largest concentration of rock art sites in Victoria, and other archeological sites including mounds and scarred trees. The remains of elaborate systems of canals that operated to harvest eels and other fish remain at Mt. William and Toolondo swamps, and they are representative of extensive resource management systems. Yet despite this heritage, there is a pronounced absence of traditional Aboriginal place names...

Place names and language are an important part of Koori culture and are an important part of this country's history. (p5)

The Submission details the rationale for the restoration of Aboriginal place names in the Grampians Park, documentation of the names, the meaning, significance spelling and pronunciation of Aboriginal place names amongst other information.

The submission is available for $3 from:
The Koori Tourism Unit
PO Box 279 Melbourne 3005
Send cheques or money orders to the
Victorian Tourism Commission.
Letters supporting the recommendation to restore Koori place names may be sent to:
The Secretary
Place Names Committee
2nd Floor, 2 treasury Place
Melbourne 3002


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